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5 Key Considerations For A Law Enforcement Drone Policy: July 19, 2017
5 Key Considerations For A Law Enforcement Drone Policy: July 19, 2017
5 Key Considerations For A Law Enforcement Drone Policy: July 19, 2017
Law Enforcement
Drone Policy
July 19, 2017 | Lexipol Team
The use of unmanned aerial vehicles in public safety continues to grow. According to
the Center for the Study of the Drone in a May 2018 report, at least 910 state and
local police, sheriff, fire and emergency units have acquired drones, most within the
last year. Several factors are driving drone use, including decreased cost and
increased availability, as well as the issuance of long-awaited FAA guidelines
governing law enforcement drone use.
But drone use is also a thorny issue, bringing with it privacy and safety concerns. Law
enforcement agencies must not only ensure their officers are properly trained, but also
that they are complying with federal and state guidelines.
Having solid policy and procedure in place to guide law enforcement drone use is key
to ensuring their legal, safe use. Here are five key policy areas to consider.
Permitted Uses
It’s not difficult to imagine the wide range of benefits drones can provide in public
safety. According to a report by the National Conference of State Legislatures, law
enforcement drone uses include:
Evidence collection and surveillance
Once your policy incorporates strong privacy protection, you will be in a better place to
engage advocacy groups concerned about the use of law enforcement drones.
Pointing to specific examples of how your agency intends to use the drone and how
drones have aided in search and rescue operations can also provide a positive focus
to such conversations.
Retention of Data
Similar to body-camera footage, data retention issues abound when it comes to drone
use. Will all video from the drone be recorded and if so, where will it be retained and
for how long? How will your agency deal with footage collected of those who are not
the target of criminal investigations? Can your agency freely share or disclose
information gathered by the drone with other governmental agencies?
Again, some states have issued specific laws. Illinois, for example, requires law
enforcement agencies to destroy all information gathered by a drone within 30 days,
except when there is “reasonable suspicion that the information contains evidence of
criminal activity, or the information is relevant to an ongoing investigation or pending
criminal trial” (725 ILCS 167/20).
Absent any state-specific requirements, it’s probably best to treat information and
footage gathered by a drone as you would other records. If your agency has a strong
records retention policy, it will probably cover you for records produced by drones as
well.
Responsibilities of the Drone Coordinator
So how do you ensure you’re covering all the complex considerations of using a drone
in law enforcement? A best practice is to build the role of drone coordinator into your
policy. In most agencies, the drone coordinator will likely not be a separate position,
but formally designating someone to coordinate your agency’s drone use helps bring
consistency to operations and provides a point of contact for questions or issues.
Following are just a few responsibilities the drone coordinator can take on:
Ensuring that all operators complete required FAA and agency training
One final consideration: keeping your policy and procedures up to date. Drone laws
and regulations are very much in flux, with new state legislation popping up frequently.
If your agency has established or is considering establishing a drone program, you
must ensure you have a way to stay current on changing federal and state regulations.
https://www.faa.gov/uas/public_safety_gov/public_safety_toolkit/